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Agmt 2004 HDL Software LLC
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Agmt 2004 HDL Software LLC
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Last modified
8/12/2009 1:48:46 PM
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8/12/2009 1:48:46 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/20/2004
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PERM
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Reso 2004-146
(Approved by)
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\City Clerk\City Council\Resolutions\2004
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including the insured's general supervision of Consultant; products and completed <br />operations of Consultant, as applicable; premises owned, occupied, or used by <br />Consultant; and automobiles owned, leased, or used by the Consultant in the <br />course of providing services pursuant to this Agreement. The coverage shall <br />contain no special limitations on the scope of protection afforded to City or its <br />officers, employees, agents, or volunteers. <br />A certified endorsement shall be attached to all policies stating that coverage is <br />primary insurance with respect to the City and its officers, officials, employees and <br />volunteers, and that no insurance orself-insurance maintained by the City shall be <br />called upon to contribute to a loss under the coverage, <br />3.3.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and <br />obtain the approval of City for the self-insured retentions and deductibles before <br />beginning any of the services or work called for by any term of this Agreement. <br />During the period covered by this Agreement, only upon the prior express written <br />authorization of Contract Administrator, Consultant may increase such deductibles <br />or self-insured retentions with respect to City, its officers, employees, agents, and <br />volunteers. The Contract Administrator may condition approval of an increase in <br />deductible or self-insured retention levels with a requirement that Consultant <br />procure a bond, guaranteeing payment of losses and related investigations, claim <br />administration, and defense expenses that is satisfactory in all respects to each of <br />them. <br />3.3.6 Subcontractors. Consultant shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and certified endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br />3.3.7 Variation. The City may approve a variation in the foregoing insurance <br />requirements, upon a determination that the coverage, scope, limits, and forms of <br />such insurance are either not commercially available, or that the City's interests <br />are otherwise fully protected. The contractor may request the City to waive the <br />requirement to maintain current insurance coverage. <br />3.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide <br />or maintain any insurance policies or policy endorsements to the extent and within the time <br />herein required, City may, at its sole option exercise any of the following remedies, which <br />are alternatives to other remedies City may have and are not the exclusive remedy for <br />Consultant's breach; <br />Obtain such insurance and deduct and retain the amount of the premiums for such <br />insurance from any sums due under the Agreement; <br />Consulting Services Agreement between [September 15, 2004] <br />City of San Leandro and HdL Software LLC Page 5 of 34 <br />
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